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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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HI MY NAME IS BERNADETTE AND I WORK AS ARECPTIONIST AT A HOTEL

Resolved Question:

HI MY NAME ISXXXXX WORK AS ARECPTIONIST AT A HOTEL I HAVE WORKED THERE FOR APPROX 9 MONTHS I HAVE A CONTRACT . THE HOTEL HAS JUST BEEN TAKEN OVER AND THE NEW OWNER MADE REDUNDUNCIES SOON AFTERWARDS HE NOW WANTS ALL THE STAFF TO SIGN A ZERO HOUR CONTRACT AND IF WE DONT WE WILL ALL BE UP FOR REVIEW IN TERMS OF REDUNDANCIES PLEASE COULD YOU LET ME KNOW WHERE I STAND MY CONTRACT BEFORE HE TOOK OVER WAS FOR 40 HOURS WEEK I UNDERSTOOD THAT WE WERE PROTECTED BY A LAW COVERING TAKEOVERS
Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.

HelloCustomer

 

It is important to draw a distinction about how long you have been employed by the company. In order to be eligible for a redundancy payment you must have been employed at the company for at least two years. If you have been employed for one year you have the right not to be unfairly dismissed. Clearly, you have not reached those time limits.

 

This means you are in a position whereby your employer could dismiss you for any reason and your only recourse to him would be if he has breached a term of your contract with him. You could then sue him under breach of contract for wrongful dismissal, but this is quite difficult to prove and the remedies are not as large.

 

The Transfer of Undertakings (Protection of Employment) Regulations 2006 do provide protection in that the employees will be transferred and become employees of the new employers (ie. the company who bought the hotel) on the same terms and conditions. There are some limited opportunity to vary he contracts with the consent of the employees, but this should perhaps be balanced with the risk of redundancy. You should get together go and receive specialist advice from an employment lawyer in your area for specific advise on the details of your case so that you can work out what to do next.

 

You may also be able to seek compensation if you have not been consulted and informed of the process.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow-up questions.

 

Kind regards,

 

Tom

Customer: replied 7 years ago.
SO WHERE DO I ACTUALLY STAND WITH REGARDS XXXXX XXXXX POSITION AND CAN I REFUSE TO SIGN THE NEW CONTRACT AND IF IM MADE REDUNDANT CAN I TAKE IT FURTHER AS I FEEL THAT THE NEW OWNER HAS BEEN NEGLIGENT WHEN HE WAS BUYING THE HOTEL NOT TO ALLOW FOR THESE MEASURES IN HIS BUDGET IT TOOK OVER A YEAR TO FINALIS THE TAKE OVER AND IT WAS OBVIOUS AT THE START THAT HE WOULD MAKE A LOSS . IF WE SIGN THE NEW CONTRACTS CAN WE GET HIM TO GIVE US IN WRITING A GUARANTEE THAT IF HOURS ARE TO BE REDUCED HE DOES IT ACROSS THE HOTEL AND THAT CERTAIN PEOPLE ARE NOT FAVOURED IN ANY WAY IF THEY ARE CAN WE DO ANY THING ABOUT THIS
Expert:  Thomas replied 7 years ago.

Bigalll,

 

If you have been employed for less than one year at the hotel you have not yet accrued the right to be unfairly dismissed under employment legislation. He could dismiss you for whatever reason he wants and provided he has given you the correct notice and not otherwise breached your contract then you would not be able to bring a claim. I know it seems very unfair but employees have very limited rights until they have been employed for a year.

 

You most probably can do something about their attempt to vary your contracts. Before any of you sign the new contracts you should collectively seek independent legal advice from a specialist employment lawyer in your area as a matter of urgency, you can search for one using

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

Ask to be seen together on a fixed fee initial meeting basis. He will require detailed information about when you heard of the takeover, whether any of you were consulted, what contracts you were on before, what contracts are being offered now etc.

 

Bear in mind though that if the company choose to make redundancies/get rid of employees you are at risk because you have not yet reached your one year employment with the company. They will be more likely to dismiss you than someone who has been employed for over a year.

 

I hope this helps, if so please kindly click accept.

 

 

 

 

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